News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

29 May 2019 • Insights

DID YOU KNOW THAT… Employees can transfer rest and holidays free of charge to colleagues

With a view to ensuring adequate support for parental care, through measures aimed at promoting opportunities to reconcile work and personal life, Article 24 of Legislative Decree no. 151/2015 regulates the institution of holidays/retirement jointly. Specifically, it provides for the possibility for all workers to transfer free of charge to their colleagues their rest days ....

29 May 2019 • Insights

Remote work: silence does not apply to administrative authorisation – consent

  The National Council of Labour Consultants has submitted an application to the Ministry of Labour for its opinion on the configurability of the silence of consent with regard to the request for authorization to install audiovisual equipment and instruments pursuant to art. 4 of Law 300/1970. This considering the provisions of Law 241/1990 whereby ....

23 May 2019 • Insights

Rito Fornero, the Supreme Court intervenes on the scope of the opposition phase (Il Quotidiano del Lavoro de Il Sole 24 Ore, 23 maggio 2019 – Enrico De Luca, Antonella Iacobellis)

On 15 May 2019, by order no. 13025, The Supreme Court returned to deal with the right of the judgment of first instance established pursuant to Article 1 (51) Law no. 92/2012 (“Fornero’s Law”) to be recognized in the second phase (so-called opposition phase). The Court of Cassation has observed that the opposition phase must ....

10 May 2019 • Insights

Labour law is linked to ESG (ESG governance LAB newsletter – ETicaNews, May 2019 – Vittorio De Luca, Elena Cannone)

The sustainable approach to investments is increasingly the benchmark for virtuous entrepreneurs, who place sustainability issues at the center of their entrepreneurial decisions. This is also increasingly the case in relation to the management of their own staff. An indication of this has also come from the Excellence & Innovation HR Award, the prize for ....

9 May 2019 • Insights

Conflictual relationships originating from the employer do not constitute mobbing

With order no. 10043 of 10 April 2019, the Italian Court of Cassation again ruled on the requirements that need to be met for a series of actions taken by an employer to constitute mobbing, in the case reported by a manager who had declared himself to have been the victim of behaviour presented as ....

3 May 2019 • News

“Reorganisation and dismissals after the judgement of the Constitutional Court no. 194/2018” Conference – Convenia, Milan (5 and 12 June 2019)

Alberto De Luca will be a speaker at the “Reorganisation and dismissals after the judgement of Constitutional Court No. 194/2018” conference organised by Convenia on 5 June in Milan and 12 June in Rome.   LOCATION AND TIMES Milan – Wednesday 5 June 2019 Rome – Wednesday 12 June 2019 (9.00 – 13.00 / 14.30 ....

2 May 2019 • Insights

Selection criteria in collective redundancy

The Court of Cassation, with judgement No. 7642/2019, has once again deliberated on the issue of selection criteria in collective redundancy procedures, as set out in Law 233/1991.   The facts The Court of first instance rejected a statement of opposition filed by a company pursuant to art. 1, paragraph 51, of Law 92/2012 against ....

2 May 2019 • Insights

Pregnancy arising during the notice period does not affect the validity of the dismissal

The Court of Cassation, in order No. 9268 of 3 April 2019, has affirmed that the dismissal for justified objective reasons of a pregnant employee during the notice period is lawful but unenforceable, as occurs in the case of termination during sick leave or absence for injuries.   The facts   In overturning the first ....